Subdivision 1. Crime defined. A person who engages
in sexual contact with another person is guilty of criminal
sexual conduct in the second degree if any of the following
circumstances exists:

(a) the complainant is under 13 years of age and the actor
is more than 36 months older than the complainant. Neither
mistake as to the complainant's age nor consent to the act by
the complainant is a defense. In a prosecution under this
clause, the state is not required to prove that the sexual
contact was coerced;

(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;

(c) circumstances existing at the time of the act cause the
complainant to have a reasonable fear of imminent great bodily
harm to the complainant or another;

(d) the actor is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and uses or
threatens to use the dangerous weapon to cause the complainant
to submit;

(e) the actor causes personal injury to the complainant,
and either of the following circumstances exist:

(i) the actor uses force or coercion to accomplish the
sexual contact; or

(ii) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;

(f) the actor is aided or abetted by one or more
accomplices within the meaning of section 609.05, and either of
the following circumstances exists:

(i) an accomplice uses force or coercion to cause the
complainant to submit; or

(ii) an accomplice is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant
to submit;

(g) the actor has a significant relationship to the
complainant and the complainant was under 16 years of age at the
time of the sexual contact. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a
defense; or

(h) the actor has a significant relationship to the
complainant, the complainant was under 16 years of age at the
time of the sexual contact, and:

(i) the actor or an accomplice used force or coercion to
accomplish the contact;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed
over an extended period of time.

Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense.

Subd. 2. Penalty. Except as otherwise provided in
section 609.109, a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than 25 years or to a
payment of a fine of not more than $35,000, or both.

Subd. 3. Stay. Except when imprisonment is required
under section 609.109, if a person is convicted under
subdivision 1, clause (g), the court may stay imposition or
execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program.